Grounds of Incompetency

  1. Law
  2. Tennessee Code
  3. Judges and Chancellors
  4. Special Judges and Interchange
  5. Special Judges
  6. Grounds of Incompetency

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No judge or chancellor shall be competent, except by consent of all parties, to sit in the following cases:

  1. Where the judge or chancellor is interested in the event of any cause;
  2. Where the judge or chancellor is connected with either party, by affinity or consanguinity, within the sixth degree, computing by the civil law;
  3. Where the judge or chancellor has been of counsel in the cause;
  4. Where the judge or chancellor has presided on the trial in an inferior court; or
  5. In criminal cases for felony, where the person upon whom, or upon whose property, the felony has been committed, is connected with the judge or chancellor by affinity or consanguinity within the sixth degree, computing by the civil law.

Code 1858, § 3913 (deriv. Acts 1825, ch. 54, § 2; 1835-1836, ch. 68, § 1; 1843-1844, ch. 25, § 1); Shan., § 5706; Code 1932, § 9892; T.C.A. (orig. ed.), § 17-201.

Cross-References. Change of venue for incompetency, disqualification of judge, §20-4-208.

Disqualification of judge, Tenn. Const., art. VI, § 11.

Rule Reference. This section is referred to in the Commentary under Tenn. Sup. Ct. R. 10, Canon 3(E).

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 620.

Tennessee Criminal Practice and Procedure (Raybin), § 24.11.

Tennessee Jurisprudence, 16 Tenn. Juris., Judges, §§ 18-20; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 5.

Law Reviews.

Constitutional Law — Separation of Powers — Procedure for Removal of Judge an Interference with Judicial Processes, 9 Vand. L. Rev. 88.

The Tennessee Court System (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 189.

Comparative Legislation. Special judges and interchange:

Ala.  Code §12-1-12 et seq.

Ark.  Code §§16-13-103,16-15-108,16-10-117,16-13-213,16-13-405.

Ky. Rev. Stat. Ann. § 26A.020.

Mo. Rev. Stat. § 476.450.

N.C. Gen. Stat. § 7A-45.1.

Va. Code §§ 17-7, 17-7.1.


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